Original news and analysis on international IP policy
Ellen 't Hoen writes: On 1 February 2019, article 53(3), second sentence of the Dutch Patent Act 1995 came into force introducing a patent exemption for the preparation of medicines in a pharmacy.
The European Council of member states has adopted an all-encompassing plan to make Europe a global leader in artificial intelligence and integrate AI into all aspects of regional life. The plan, which comes as Europe has been identified as lagging in AI research and investment behind the United States and China, includes strong calls to ramp up investment while carefully considering AI's impact on labour and ethics.
At the World Trade Organization Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) - which met on 13 February and finished in one day - discussions on IP and innovation, and IP and the public interest delineated points of views but also provided concrete examples of successful use of public-private partnerships, and use of competition law to prevent excessive pricing.
The European Council reached a political agreement today on the SPC Manufacturing Waiver, which will allow the manufacture of generic and biosimilar medicines in the European Union for export and stockpiling during the period of extended patent protection provided for by the EU. This waiver will enable EU generic and biosimilar industries to benefit from sales outside the EU where patents have already expired, and to prepare to provide the EU market as soon as the extended period of patent protection ends.
The Trump administration yesterday made some firm statements about reducing health care and drug prices for American consumers and making costs more transparent. The statements again appear to focus on other countries paying more for US-made drugs but also promote generic drugs.
The government of Malaysia continues to face pressure from the United States pharmaceutical industry and potentially the US government to undo an action taken to make a key hepatitis C medicine more affordable in the country. Now Médecins Sans Frontières (MSF, Doctors Without Borders) has weighed in to defend the government's right to use a patent flexibility in global trade law that allows them to take such actions on behalf of their citizens.
Artificial intelligence is with us to stay, and you can expect solutions to great challenges, but governments should be prepared to invest in education and research to keep up with the two global leaders of the field: the United States and China. This is in essence what several speakers said recently at an event held at the World Intellectual Property Organization.
The United States Patent and Trademark Office (USPTO) released a report on 11 February showing an increase in US patents that include at least one woman inventor from 7 percent in the 1980s to 21 percent by 2016. This is still a “small minority” of patented inventors, the report finds, and suggests that it indicates an “underutilisation” of women’s innovative potential.
The World Trade Organization is the prime gathering point for the world's governments to discuss and negotiate on policies of the day. A decades-long swinging pendulum within the WTO's committee on trade and intellectual property is IP's contribution to innovation and economy and its contribution to the public interest. At its meeting this week, the committee will feature discussions on both.
The leading United States industry association yesterday released its annual International Intellectual Property Index, ranking countries on their progress in protecting US intellectual property rights. The ranks show the US advancing in the area of patent protection, while retaining the top overall score; India strengthening IP and charting a course for other developing countries; and EU countries dominating the higher scoring bracket with Singapore first on patent protection.